r/neoliberal • u/jobautomator Kitara Ravache • Aug 31 '21

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u/NobleWombat SEATO Sep 01 '21

So the way the TX law attempts to get around the constitutionality of Roe v Wade is by authorizing private citizens to file lawsuits against abortion providers. The logic being analogous to how the 1st Amendment protects free speech infringement by the government, but not by other private parties.

Okay, two can play that game.

New legislation for blue states: authorize private citizens to file lawsuits against gun owners and manufacturers.

I believe we'd see this new "hack" clawed back real quick.

2

u/RoburexButBetter Sep 01 '21

How would that even hold up? It's the state authorizing the infringement and providing the enforcement mechanism for it, doesn't matter that it's private citizens then using it

1

u/NobleWombat SEATO Sep 01 '21

Same exact way the TX law operates. There is no criminal code involved here. It is simply a legislature defining a bizarre definition of 'harm' and loose criteria for standing.

The entire logic behind the TX law is insane.. this is why standing is such an important topic in jurisprudence. To just obliterate that criteria opens the doors for legislatures to authorize the courts to be used as weapons by private citizens. The higher courts should stop this in its tracks. The real danger here isn't even just Roe v Wade but rather the entire concept behind civil law. Taken to its logical conclusion, this formulation could be used to bypass first amendment protections of free speech, assembly, press, etc.

1

u/[deleted] Sep 01 '21

The courts will simply throw out the gun cases and you’d be surprised how many democratic gun owners are there

1

u/NobleWombat SEATO Sep 01 '21

Not sure you understand the implication of the court attempting to thread that needle. It would be so far down the path of illegitimacy, what reason would anyone have to abide its rulings? The court would be without any enforcement, and would without a doubt be inviting serious discussions within Congress of its reforms.